People v Toussaint, Dieph
Motion No: 2017-06680
Slip Opinion No: 2017 NY Slip Op 87093(U)
Decided on September 26, 2017
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M238326

E/sl

RUTH C. BALKIN, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2017-06680

The People, etc., plaintiff,

v Dieph Toussaint, defendant.

(Ind. No. 4601/14)

DECISION & ORDER ON MOTION

Motion by Dieph Toussaint pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered February 3, 2016, and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to extend the time to take the appeal is denied (see CPL 460.30[1]); and it is further,

ORDERED that the motion is otherwise denied as academic.

BALKIN, J.P., HINDS-RADIX, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court